Hunter v. Salem, Missouri, City of et al

Filing 56

MOTION to Vacate ADR by Plaintiff Anaka Hunter. (Rothert, Anthony)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff,
vs.
CITY OF SALEM, MISSOURI, et al.,
Defendants.

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Case No. 4:12-CV-4 ERW

MOTION TO VACATE ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION
Comes now Plaintiff, by counsel, and moves this Court for entry of an order vacating the
referral to mediation in this case. In support, Plaintiff states:
1.

On November 2, 2012, this Court entered its order referring this case to

alternative dispute resolution. (Doc. # 40). The timing of the referral was established in the case
management order because, at the time of the Rule 16 conference, the parties believed mediation
might be useful in resolving this matter at that stage of the case.
2.

Because of delays from Defendants in responding to proposed dates for

mediation, an extension to complete mediation was required and mediation is this case is not
scheduled to be held on April 30, 2013. (Doc. # 53).
3.

The parties have had significant settlement discussions. Mediation is no longer a

feasible manner of resolving this case for several reasons. First, Plaintiff seeks nominal damages
of $1.00 and a permanent injunction, but the parties have a fundamental disagreement as to the
underlying legal issues in the case. Because the dispute between the parties is entirely a question
of law, the parties will be unable to settle this case without resolution of the legal issue by this
Court. Second, the parties have placed certain preconditions on settlement that will not be

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satisfied prior to the scheduled mediation. Thus, it is apparent that mediation here would be
futile and serve nothing more than to add to the parties’ expenses. Third, Plaintiff agreed to
mediation with the understanding that it would be completed prior to the deadline for dispositive
motions; however, that is not what has occurred.
4.

Plaintiff has moved for summary judgment (Doc. #54), which places squarely

before this Court the dispute of law that has frustrated the parties’ good faith settlement efforts.
In the alternate to vacating the referral to mediation, this Court should amend the order so that
mediation occurs after this Court has considered summary judgment issues.
WHEREFORE Plaintiff respectfully requests this Court enter an order vacating the referral to
mediation in this case and allow such other and further relief as is just and proper under the
circumstances.
Respectfully submitted,
/s/ Anthony E. Rothert
ANTHONY E. ROTHERT, #44827MO
GRANT R. DOTY, #60788MO
AMERICAN CIVIL LIBERTIES UNION OF
EASTERN MISSOURI
454 Whittier Street
St. Louis, Missouri 63108
[phone]
FAX: [phone]
[e-mail]
[e-mail]
DANIEL MACH
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
915 15th Street NW
Washington, DC 20005
[phone]
FAX: [phone]
ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OF SERVICE
I hereby certify that on February 25, 2013, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system and a copy was made available electronically to all
electronic filing participants.

/s/ Anthony E. Rothert

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